The tariff classification of Oxadiazon Technical (CAS-19666-30-9) and Ronstar® 50 WSP (Water Soluble Packet) Herbicide from France

N118369 August 13, 2010 CLA-2-29:OT:RR:NC:2:238 CATEGORY: Classification TARIFF NO.: 2934.99.1100; 3808.93.1500 Mr. Mark D. Pinchok Bayer Corporation 100 Bayer Road Pittsburgh, PA 15205-9741 RE: The tariff classification of Oxadiazon Technical (CAS-19666-30-9) and Ronstar® 50 WSP (Water Soluble Packet) Herbicide from France Dear Mr. Pinchok: In your letter dated August 9, 2010, you requested a tariff classification ruling on behalf of your client, Bayer CropScience LP (BCS), for both referenced products. The first product, Oxadiazon Technical, is an active ingredient herbicide used in formulated herbicide products. It is known by the IUPAC chemical name 5-tert-butyl-3-(2,4-dichloro-5-isopropoxyphenyl)-1,3,4-oxadiazol-2(3H)-one (aka 2-tert-Butyl-4-(2,4-dichloro-5-isopropoxyphenyl)-?²-1,3,4-oxadiazolin-5-one). This compound is a registered soil herbicide in the oxadiazolone family of herbicides. It is used for pre- and post-emergence application for control of annual grasses and broadleaf weeds on cotton, rice, soybeans, sugar cane, sunflower and transplanted vegetables. The second product, Ronstar® 50 WSP Herbicide, is a formulation of approximately 50 percent by weight Oxadiazon with application adjuvants. It is labeled for use as a pre-emergent herbicide for control of annual grasses and broadleaf weeds in turf and on a variety of woody ornamental shrubs and trees. It controls weeds by killing the weed seedlings as they come in contact with the herbicide during germination. The applicable subheading for the Oxadiazon Technical will be 2934.99.1100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Nucleic acids and their salts, whether or not chemically defined; other heterocyclic compounds: Other: Other: Aromatic or modified aromatic: Other: Pesticides: 2-tert-Butyl-4-(2,4-dichloro-5-isopropoxyphenyl)-?²-1,3,4-oxadiazolin-5-one; 3-Isopropyl-1H-2, 1,3-benzothiadiazin-4-(3H)-one-2,2-dioxide (Bentozon); and O,O-Diethyl-S-[(6-chloro-2-oxobenzoxazolin-3-yl)methyl]phosphorodithioate (Phosalone).” The rate of duty will be 6.5 percent ad valorem. The applicable subheading for the Ronstar® 50 WSP Herbicide will be 3808.93.1500, HTSUS, which provides for “Insecticides, rodenticides, fungicides, herbicides, antisprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulfur-treated bands, wicks and candles, and flypapers): Herbicides, anti-sprouting products and plant-growth regulators: Containing any aromatic or modified aromatic herbicide, anti-sprouting agent or plant-growth regulator: Other.” The rate of duty will be 6.5 percent ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This merchandise may be subject to the requirements of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which are administered by the U.S. Environmental Protection Agency, Office of Pesticide Programs. Information on the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) can be obtained by contacting the National Pesticide Information Center (NPIC) at 1-800-858-7378, or by visiting the EPA website at www.epa.gov. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Harvey Kuperstein at (646) 733-3033. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division